Email as evidence?

[adhoc]

Maryland

Hypothetically speaking, if one had access to legally separated spouse's online email account, where messages were sent to other recepients, could this info be of any use in a custody trial?

I understand there are wiretapping laws, but possible to introduce the evidence? In this custody case, it could make a difference.

 

[Proserpina]

Maryland

Hypothetically speaking, if one had access to legally separated spouse's online email account, where messages were sent to other recepients, could this info be of any use in a custody trial?

I understand there are wiretapping laws, but possible to introduce the evidence? In this custody case, it could make a difference.

How was access gained?

It is possible for emails to be submitted as evidence - but much might depend upon how the emails were obtained.

However that in itself might be a double-edged sword; if the account was hacked or guessed, then the emails may not be admissible at all...and yet, if both parties had legitimate access to the accounts, it could be argued that one cannot prove who actually authored the emails.


See where I'm going there?

 

[adhoc]

At first, it was a shared PC in the same household. The gmail accounts were separate.

Later, accessed after legal separation.

A lawyer said "yes, they can be used" but I have severe doubts after reading about that Michigan man who got prosecuted after reading spouse's emails.

 

[Proserpina]

At first, it was a shared PC in the same household. The gmail accounts were separate.

Later, accessed after legal separation.

A lawyer said "yes, they can be used" but I have severe doubts after reading about that Michigan man who got prosecuted after reading spouse's emails.

After separation, were the accounts accessed with permission?

 

[John Johnsson]

Maryland

I understand there are wiretapping laws,

Then you know you cannot access emails w/o permission & you don't say you had any. So why pose any questions regarding emails?

 

[mistoffolees]

Then you know you cannot access emails w/o permission & you don't say you had any. So why pose any questions regarding emails?

It's not that simple.

If he had permission at one time to access the accounts and she did not change the password, nor did she specifically rescind the permission, it's not as black and white as you indicate.

I would certainly do what the attorney says. If there's a concern, ask the attorney for clarification. Or get a brief consultation with a different attorney.

 

[LdiJ]

It's not that simple.

If he had permission at one time to access the accounts and she did not change the password, nor did she specifically rescind the permission, it's not as black and white as you indicate.

I would certainly do what the attorney says. If there's a concern, ask the attorney for clarification. Or get a brief consultation with a different attorney.

I would certainly make it clear to the attorney that the emails were obtained without current permission to access the account. The attorney cannot give good advice without knowing all of the facts.